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Displaying 81 - 90 of 110
Titlesort descending Citation Alternate Citation Summary Type
Pearson v Janlin Circuses Pty Ltd [2002] NSWSC 1118

The defendant deprived an elephant in a circus of contact with other elephants for years. On a particular day, the defendant authorised three other elephants to be kept in the proximity of the elephant for a number of hours. It was claimed that this act constituted an act of cruelty as it caused distress to the elephant. On appeal, it was determined that mens rea was not an element of a cruelty offence under the statute.

Case
Perpetual Trustees Tasmania Ltd v State of Tasmania [2000] TASSC 68

A testatrix bequeathed a part of her estate to be used in support of 'animal welfare'. It was held that this constituted a charitable trust as the purpose was so predominantly charitable that the intention was to be assumed and that even if that portion of the estate could be used for non-charitable purposes, this was in a manner allowed under the Wills Act 1992 (Tas).

Case
Queensland - Food Production - Agricultural Regulations This Regulation implements the Agricultural Standards Act 1994 by providing specifications on the composition and labeling of fertilizers, the labeling and prohibited materials in seeds, labeling and other requirements for stock food,and on general labeling requirements in agriculture. Statute
Queensland - Food Production - Agriculture Standards Act Act No. 36 The main objective of the Act is to provide for the making of standards about agriculture by establishing an administrative framework for the making of standards by the chief executive and by providing appropriate powers to ensure the standards are complied with. This Act was reprinted as at 1 October 2002. The reprint shows the law as amended by all amendments that commenced on or before that day and incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. Statute
Re Nature Conservation Council of NSW Inc and Minister for Environment and Water Resources (2007) 98 ALD 334 [2007] AATA 1876

The Commonwealth Minister for the Environment and Water Resources declared an Ocean Trap and Line Fishery to be an approved wildlife trade operation. This permitted the export of sea life from the fishery. The Nature Conservation Council claimed that the fishery was detrimental to the survival of east coast grey nurse sharks. The Tribunal found that the operation would not be detrimental to the survival of the east coast grey nurse population.

Case
Re The International Fund for Animal Welfare (Australia) Pty Ltd and Ors and Minister for Environment and Heritage (2006) 42 AAR 262 [2006] AATA 94

Zoos in New South Wales and Victoria sought to import five Asian elephants. After an initial hearing, further evidence was sought in relation to the condition and nature of the facilities at the zoos. The Tribunal decided that the importation of the elephants should be in accordance with a permit issued under s 303CG of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Case
Re Weaver; Trumble and Animal Welfare League of Victoria [1963] VR 257

As part of her will, a testatrix left the yearly interest from a capital sum to the benefit of the Animal Welfare League of Victoria. After consideration of the objects of the League, the Court found that the League's activities were charitable and that even if its attention was not devoted to caring for sick animals in need of medical attention, this would not deprive the League's purpose of its charitable intention. The gift was, therefore, deemed a charitable gift.

Case
Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts (2008) 106 ALD 123 [2008] AATA 717

The Minister for the Environment declared the New South Wales Commercial Kangaroo Harvest Management Plan 2007-2011 to be an approved wildlife trade management plan within the meaning of the Environment Protection and Biodiversity Act 1999 (Cth). The Tribunal considered aspects of the plan including: ecological sustainability; conservation of biodiversity; humane treatment; response to environmental impact; precautionary principles; ethical research; and state legislation. The plan was ultimately approved by the Tribunal with a caveat that it include a trigger to suspend the 'harvest' if population levels dropped by 30% or over.

Case
Re Wildlife Protection Association of Australia Inc. and Minister for the Environment, Heritage and the Arts [2004] AATA 1383

The Minister for the Environment approved plans for the 'harvesting' of Kangaroos in South Australia, Western Australia and Queensland. The Tribunal found that the killing of joeys, where the mother was also killed, was sanctioned by the Model Code relating to kangaroos and that any licences issued under the plans authorised those killings. The Tribunal found that the likelihood of compliance with the code, which stipulated the manner of killing of kangaroos, would be in the range of 95-99%. The Tribunal approved each of the plans but made a recommendation that future plans should involve a greater element of public consultation.

Case
Robertson v Department of Primary Industries and Fisheries [2010] QCA 147

An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out.

Case

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